Malaysia: Drop Criminal Charges against Human Rights Defender Siti Kasim
ARTICLE 19 strongly condemns the criminal chargesbrought against lawyer and human rights defender Siti Kasim for “obstructing a public servant in discharge of his public functions” under
Section 186 of the Penal Codein connection with a transgender event on 3
April 2016. The event was raided by the Federal Territories Islamic
Religious Department (JAWI) based on allegations that it violated a 1996
fatwa prohibiting Muslim women from joining beauty pageants in
Malaysia.
Siti
Kasim has been a staunch defender of human rights and in particular the
rights of minority groups such as the LGBT community and indigenous
peoples in Malaysia.
At
the time of incident, Siti was a guest at the private transgender
fundraising dinner at the Renaissance Hotel in Kuala Lumpur when JAWI
officials raided the premises, in the presence of media personnel, and
prevented about 200 guests from leaving the premises. Siti, who had
inquired about the sudden raid and had attempted to mediate the
situation, was detained and brought to Dang Wangi police station along
with the event's transgender organiser for questioning.
Siti
maintains that JAWI did not have a warrant to raid the private event
and that they were unaccompanied by police. At the time, JAWI denied that Siti was under arrest after detaining her.
However,
on 13 June 2017, more than a year after the event, Siti was notified of
the charges under Section 186 of the Penal Code, which carry a penalty
of two years imprisonment and/or a RM10,000 fine. In November 2016, Siti
had filed a court order to ask for information relating to the raid,
for the purpose of suing the government and JAWI officers for unlawful
arrest.
Section
10(a) of Malaysia’s Constitution guarantees the right to freedom of
expression for all, and the decision to raid the transgender event and
subsequently charge Siti represents a violation of LGBT expression. The
2014 joint
statement of international and regional mandate holders on freedom of
expression, freedom of association and assembly and human rights
defenders noted in particular the importance of states’ obligation
to protect the right to freedom of expression for LGBT people, stating:
“Protecting
and promoting the rights of LGBTI people to free expression,
association, and peaceful assembly is crucial to end their
discrimination and address the appalling human rights violations
inflicted upon them.” The mandate holders insisted that “These are not
only basic rights, but they are also essential in allowing individuals
to claim other rights, in particular the rights to freedom from
discrimination and equality before the law, and they can contribute to
fostering public debate in society.”
“Malaysia's
LGBT community is highly at risk and continues to struggle to have
their basic rights, including the right to freedom of expression and
freedom of association, recognised. LGBT individuals who attempt to
assert their rights regularly face discrimination and arrest, and some
have been subjected to hate crimes or murdered. It is deeply concerning
that those speak up for the community are targeted in this way by
authorities like JAWI.” said David Diaz Jogiex, ARTICLE 19's Director of Programmes.
ARTICLE
19 calls on the Malaysian government to immediately drop charges
against Siti Kasim. The government should also take immediate steps to
bring provisions in the Penal Code that can be used to limit the right
to freedom of opinion and expression into line with international human
rights law. The Malaysian government must strive to recognise and
protect the rights of all its citizens, including the right to freedom
of expression in line with Section 10(a) of the Federal Constitution.
For more information:
Please contact Miss Nalini Elumalai, Malaysia Program Manager at 01136535927 or email: nalini@article19.org
Footnotes
1. Malaysiakini – Siti Kasim charged for obstruction over Jawi transgender raid https://www.malaysiakini.
2. The Malay Mail Online – JAWI raids transgender 'beauty pageant' for breaking fatwa http://www.
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